Digital Commons Network^™

The White Death: Representations Of Salt Affected Landscapes In The Wheatbelt, Grant Currall

Theses : Honours

This exegesis examines the significance of salt-affected landscapes in Western Australia's Wheatbelt, particularly sites affected due to pastoral settlement. It explores ways in which landscape imagery has been constructed and controlled by cultures to represent a particular relationship between settlement and the land. A focus on both American and Australian photographic practitioners and their understanding of landscape aesthetics will be incorporated to reveal how unconventional subject matter like dryland salinity can be re-presented to provide an alternative perspective of cultures relationship with nature in the Wheatbelt. Finally, an enquiry into the impact of national identity on landscape will also explore …

Death Lilly : Performing The 'Flower Girl' Role In The Age Of Consumption, Catherine Gomersall

Theses : Honours

This self-reflexive photomedia project interrogates the 'flower girl' role as a cultural fetishism of 'innocent' white-girl femininity, which I claim is perpetuated in the bridal fantasy. In my photomedia work the theme of 'death' and the uncanny is explored as well as the themes of 'wildness' and 'violence' in order to subvert the dominant discourse of ideal white femininity which is defined in popular culture by a sanitised bourgeois aesthetic. I attack the bourgeois surface of the bridal magazine in my artwork as I perform the 'flower girl' role in the context of popular culture and capitalism. The flower girl …

Papua New Guinea: Weak, Failing, Failed? : An Examination Of Failed State Theory And The Usefulness Of The Failed States Index, Maria Sussanna Tulkiewicz

Theses : Honours

This thesis examines the problem of failed and failing states set against the 'theory' that has accompanied this discourse. It uses a case study of Papua New Guinea (PNG) to examine both the theory and its related application in the Failed States Index (FSI) developed by the Fund for Peace and the Foreign Policy magazine. Critically examining the methodology used in the FSI, the thesis analysis a wide range of information about the social, economic and political problems facing PNG to highlight shortcomings in the current construction of the Index. These shortcomings are then used to highlight conceptual problems in …

Misconceptions: Loss And Melancholia In Poetry Of Miscarriage, Stillbirth And Abortion, Donna Yannakis

Theses : Honours

This thesis argues that cultural and discursive attitudes towards miscarriage, stillbirth and abortion attribute maternal blame to these losses and silence the expression of grief over them. It further argues that, following pregnancy loss, this silence and blame, coupled with the veneration and discursive production of motherhood as a woman's biological and psychical destiny, produce 'symptoms' that, according to Freud, are a sign of a pathological melancholia. I suggest, however, that these symptoms - self-reproach and impoverishment of the ego as responses to pregnancy loss, do not necessarily indicate a woman's pathological failure to resolve loss but reflect the social …

Senior Voice Recital, Sarah Jo Duvel

Honors Program Theses

The process of preparing and presenting this thesis recital has been a very educational and eyeopening. There were low points, such as stress over pronunciation and music memorization, frustration over rehearsal coordination, and fatigue from asking so much of myself so often. However, there were also many high points: advancement in my vocal lessons, growth in my vocal technique, further mastery of foreign languages, opportunities to make music with my colleagues, and improved proficiencies in the business aspects of singing (publicity, networking, etc.). Though this was not my first vocal recital, it was certainly the most rewarding; the knowledge and …

Turkey's Entrance Into The European Union: Global Implications, Melanie Miller

Honors Program Theses

The European Union has helped to unify twenty-five European countries. It continues to have a plan of enlargement that allows countries to apply to be candidates for accession. One of the countries wishing to enter the European Union is Turkey. Located in what is considered the Middle East, Turkey is partially on the continent of Europe and partially in Asia. If Turkey becomes a member it would be the first to be located in Asia, the first Muslim state, and one of the most populous of the entire member states (second only to Germany).

There are many people and many …

Educating Students To Be Better Citizens: Effects Of Service-Learning Courses On Civic Attitudes And Engagement, Aubree Rae Johnson

Honors Program Theses

Why focus on democratic outcomes? According to Benson, Harkavy, and Hartley (2005), service learning can be defined as: "an active, creative [pedagogy] that integrates community service with academic study in order to enhance a student's capacity to think critically, solve problems practically, and function as a lifelong moral, democratic citizen in a democratic society" (p. 189). Given this definition of service-learning, it follows that "service learning should work to develop strategies and actions to help fulfill the democratic promise of America's colleges and universities in particular and the democratic promise of American society in general. We should, therefore, evaluate service-learning …

Investor-State Dispute Settlement Between Developed Countries, William S. Dodge

Vanderbilt Journal of Transnational Law

Free trade agreements between developed countries now frequently contain provisions on investor protection, but the resolution of disputes remains problematic. Chapter 11 of the North American Free Trade Agreement (NAFTA) allows investors to bring direct claims against a host state before an international tribunal without exhausting domestic remedies. This has resulted in a number of claims against the United States by Canadian investors and against Canada by U.S.investors. Chapter 11 of the Australia-United States Free Trade Agreement (AUSFTA) does not permit direct claims, relying instead on a state-to-state dispute resolution mechanism.

This Article reviews the evolution of investment-dispute resolution from …

Educational Ideas And The Future Of Our Society, Mallory Sue Smiens

Honors Program Theses

Thus, the study of children and educational theories provided a rationale for the present study. Further discussions led to the belief that the questions raised by the author would best be answered from a sociological perspective. Because sociology is often employed to study people and how they interact with one another, it provides a meaningful discipline to weigh the teacher preparation ideas and practices against in order to determine their wider consequences for individuals. Therefore, a study of basic sociology was undertaken.

Trade And Morality: Preserving "Public Morals" Without Sacrificing The Global Economy, Miguel A. Gonzalez

Vanderbilt Journal of Transnational Law

The World Trade Organization (WTO) exists for the purpose of promoting and facilitating trade amongst its member nations. When those member nations acceded to the WTO's agreements, however, they acknowledged that sometimes trade barriers are useful tools in protecting themselves from certain evils. This Note addresses one of those useful tools--the public morals exception--which allows a member nation to maintain trade barriers with respect to certain goods or services.

Since the WTO agreements have been in effect, the public morals has lacked two critical things.: a definition and boundaries. This Note will attempt to define the public morals exception in …

Does The U.S. Constitution Need An Equal Rights Amendment?, Lisa Baldez, Lee Epstein, Andrew D. Martin

Dartmouth Scholarship

For over 3 decades, those engaged in the battle over the Equal Rights Amendment (ERA), along with many scholarly commentators, have argued that ratification of the amendment will lead U.S. courts (1) to elevate the standard of law they now use to adjudicate claims of sex discrimination, which, in turn, could lead them (2) to find in favor of parties claiming a denial of their rights. We investigate both possibilities via an examination of constitutional sex discrimination litigation in the 50 states—over a third of which have adopted ERAs. Employing methods especially developed for this investigation, we find no direct …

Clinical Case Mix And Other Challenges To Detroit's Medicaid-Dependent Nursing Homes, Richard L. Douglass, William Lavery, Paul Bridgewater, Gloria Long, Joyce Blair

Michigan Journal of Public Health

Nursing homes that care for the poor in Detroit are frequently dependent upon Medicaid as their principal source of revenue. These facilities face numerous challenges because they face limited resources for maintenance of facilities, staff and administrative supports, and other normal costs. They lack the kinds of support that are provided in-kind, or by more generous sources of revenue and are often characterized as institutions of poor quality; yet nearly 70% of the nation’s Medicaid-recipient elderly nursing home patients are in for-profit facilities that are sustained largely on Medicaid funding. These facilities are often sources of care for underserved minority …

Ethical Dilemmas In Publishing A Journal Of Public Health Practice, Harry Perlstadt

Michigan Journal of Public Health

No abstract provided.

Comparative Law Observations On Taxation Of Same-Sex Couples, Henry Ordower

All Faculty Scholarship

Identifies the various models for addressing the interplay between same sex relationship protections and taxation outside the United States.

Radon In Caves: Clinical Aspects, Stephen A. Craven, Berend J. Smit

International Journal of Speleology

Historical, experimental and clinical evidence is presented to suggest that radon constitutes a relatively small carcinogenic risk for casual visitors to caves. The risk is dependent on radon levels and the smoking of tobacco. Show cave guides, chronically exposed to radon, may be at increased risk for lung cancer due to the effects of radon, especially if they are smokers of tobacco.

An Appellate Mechanism For Review Of Arbitral Decisions In Investor-State Disputes, David A. Gantz

Vanderbilt Journal of Transnational Law

At a time when complaints and decisions in investor-state arbitration are proliferating as never before, concerns are being raised by the U.S. Congress, NGOs and some foreign governments over the lack of consistency (or serious errors) among the decisions that emanate from the largely ad hoc arbitral panels that are created under the provisions of bilateral investment treaties and the investment provisions of free trade agreements, such as NAFTA, Chapter 11. As a result, it is suggested that an appellate mechanism, perhaps patterned after the generally successful Appellate Body of the World Trade Organization, be created, possibly under the auspices …

Courts Of Limited Jurisdiction In A Post-Transition Cuba, Matias F. Travieso-Diaz, Armando A. Musa

Vanderbilt Journal of Transnational Law

Cuba's eventual transition to a free-market society will likely be accompanied by a flood of litigation in areas such as property rights, privatization of state-owned enterprises, and human rights violation claims. Courts of limited jurisdiction should be established to hear these specialized matters and alleviate the burden on regular courts. As the transition unfolds, there will also be a need to create specialized tribunals to handle disputes in areas such as taxation, bankrtupcy, and intellectual property. The creation of the various courts of limited jurisdiction will have to be supported by creative strategies for retraining existing judges, training new ones, …

Doctrines Without Borders: Territorial Jurisdiction And The Force Of International Law In The Wake Of Rasul V. Bush, Brennan T. Brooks

Vanderbilt Journal of Transnational Law

Following the attacks of September 11, 2001, the United States responded with military action aimed at eradicating terrorist networks around the world. The action in Afghanistan resulted in several hundred captured enemy combatants being sent to the U.S. naval base at Guantanamo Bay, Cuba. Because the base is not within the territory of the United States, the Bush administration took the position that the detainees could be held indefinitely without review in civilian courts. In a surprising move, the U.S. Supreme Court held that the detainees did have a right to petition civilian courts for habeas corpus review. Thus, the …

Moral Rights Protection In The United States And The Effect Of The Family Entertainment And Copyright Act Of 2005 On U.S. International Obligations, Brandi L. Holland

Vanderbilt Journal of Transnational Law

Alteration of a motion picture has become legal as a result of the Family Movie Act, an attachment to the Family Entertainment and Copyright Act approved by Congress and signed by the President in early-2005. The "family movie" provision, championed by U.S. Representative Lamar Smith, Chairman of the House Judiciary Committee's Internet and Intellectual Property Subcommittee, indemnifies any company that makes filtered versions of movies without authorization from the copyright owners. Proponents claim the bill is a way to put content-filtering back into the hands of individual families, while critics claim their copyrights are violated whenever a company redistributes their …

A Tale Of Two Countries: Parallel Visions For Informed Consent In The United States And The United Kingdom, Ben Sones

Vanderbilt Journal of Transnational Law

In recent years, the proper role of informed consent doctrine in an environment of healthcare cost containment has been a hotly contested legal and policy issue. The purpose of this Note is to probe the current informed consent debate in the United States and the United Kingdom and to draw out the respective roles informed consent ought to play in those two systems. In doing so, this Note draws on the history of the doctrine and several recent scholarly proposals, and offers a modest proposal synthesizing the best aspects of those proposals.

Who's Afraid Of The Big Bad Wolf? The International Criminal Court As A Weapon Of Asymmetric Warfare, W. C. Austin

Vanderbilt Journal of Transnational Law

The United States is engaged in a war on terror against enemies who wage "asymmetric war" through terrorism, media manipulation, and "law-fare"---exploiting judicial processes to achieve political or military objectives.

This Article explores whether the fledgling International Criminal Court (ICC) could eventually be exploited by these groups as a tool of asymmetric "law-fare." It briefly traces the history of the ICC and recounts why the United States opposes the Court. Examining the methods of asymmetric war, the Authors then explore whether the ICC could be exploited by future asymmetric warriors.

The Authors describe three asymmetric methods that could be used …

Finding A Right To The City: Exploring Property And Community In Brazil And In The United States, Ngai Pindell

Vanderbilt Journal of Transnational Law

Increasing poor people's access to property and shelter in urban settings raises difficult questions over how to define property and, likewise, how to communicate who is entitled to legal property protections. An international movement--the right to the city--suggests one approach to resolving these questions. This Article primarily explores two principles of the right to the city--the social function of property and the social function of the city--to consider how to better achieve social and economic justice for poor people in urban areas. Using Brazil as one example of a country incorporating these principles within constitutional and statutory provisions and employing …

Criminalizing Marital Rape: A Comparison Of Judicial And Legislative Approaches, Theresa Fus

Vanderbilt Journal of Transnational Law

Even though many countries still permit husbands to rape their wives with little or no consequence, there is a growing trend that marital exemption is unjust and has no place in a civilized society. Recognition of the inappropriateness of marital exemption is, however, only the first step towards its elimination. To effectively equalize treatment of marital and non-marital rape, legislatures and judiciaries must take action. Several countries have already been host to the abolition of marital immunity, but their approaches may not be the most effective. This Note examines the experiences of England and Canada as examples of judicial and …

From The Oau To The Au: A Normative Shift With Implications For Peacekeeping And Conflict Management, Or Just A Name Change?, Jonathan D. Rechner

Vanderbilt Journal of Transnational Law

Many of the nations of Africa have struggled with violence since their independence from colonial powers. The formation of an intercontinental body, the Organization for African Unity, did little to reduce the number or severity of the conflicts. The failure of this organization to maintain peace was due in large part to normative boundaries that prevented its involvement in the internal conflicts of its member nations. The Organization of African Unity was dissolved in favor of a new organization, the African Union, in 2001. The mandate of the African Union is much more proactive than that of its predecessor with …

Competing Claims: The Struggle For Title In Nicaragua, Michael Roche

Vanderbilt Journal of Transnational Law

Nicaragua's Sandinista Revolution of the 1980s left the country's property scheme in a state of disarray. For eleven years, the leftist Sandinista government instituted mass land confiscations and agrarian reform that caused many individuals to lose their property and flee the country. The transition to democracy begun in 1990 has been a difficult process for the country's new presidents who have been forced to reconcile competing claims and fight corruption from within their own ranks. In this Note, the Author examines the property legacy created by the Sandinista Revolution. With another round of presidential elections scheduled for November 2006, the …

Services As Objects Of International Trade: Bartering The Legal Profession, Louise L. Hill

Vanderbilt Journal of Transnational Law

The General Agreement on Trade in Service calls for members of the World Trade Organization (WTO) to further liberalize and expand opportunities for international trade in services. With legal services included in this mandate, requests for specific commitments and offers have been made by WTO Member States. While services as components of international trade is new to many of the WTO Member States, free movement of services has been addressed by the European Union (EU) since the inception of the European Economic Community. Thus EU directives, declarations, codes and case law serve as valuable resources to WTO Member States as …

Criminal Defamation And The Evolution Of The Doctrine Of Freedom Of Expression In International Law, Jo M. Pasqualucci

Vanderbilt Journal of Transnational Law

Restrictions on freedom of expression may take direct and indirect forms. A state may censor speech, criminalize defamation, harass the media or individual journalists, fail to investigate crimes against the media , require the compulsory licensing of journalists, or fail to enact freedom of information laws or laws that prohibit monopoly ownership of the media. A victim of a restriction on freedom of expression that violates international law may have no recourse in domestic courts, either because state law offers no remedy or because judges are too intimidated to enforce the laws as written. In such instances, victims need recourse …

The International Effects Of The Adoption Of A Consumption Tax In The United States, Matthew Mcmahan

Vanderbilt Journal of Transnational Law

This Note concludes that through the adoption of a consumption tax the United States will benefit from both short-and long-term gains. This Note presents the advantages of consumption taxes and where relevant, discusses a specific consumption tax proposal--the Fairtax Plan. The Author responds to several critiques of consumption taxation, including whether consumption taxes are disproportionately placed on labor, the existence of efficiency gains, the international effects, increased black market activity, and cross-border tax arbitrage.

Linking The International Legal Framework To Building The Formal Foundations Of A "State At Risk", Michael Schoiswohl

Vanderbilt Journal of Transnational Law

This Article describes and critically assesses the recent constitution-making process in Afghanistan in relation to the international legal framework. The Article provides an account of that process within the larger context of the state-building efforts as envisioned in the 2001 Bonn Agreement. Focusing on the interaction between national state-building and international normative benchmarks, the Article evaluates the extent to which the recently adopted Constitution links to the international legal framework. While paying lip service to the adherence of international law, including international human rights law, the Constitution does not adequately address the relationship between international legal obligations and municipal law. …

The Demise Of Regulation In Ocean Shipping, Chris Sagers

Vanderbilt Journal of Transnational Law

Over its 140 year history, ocean liner shipping has almost always enjoyed an antitrust exemption permitting price-fixing cartels of ocean carriers. The exemption was premised on the belief that problems of cost and capacity inherent in the trade can be resolved only by horizontal collusion. Now that that exemption has been whittled away by deregulatory efforts, the pre- and post-deregulation evidence presents one of the world's rare opportunities for natural experiment on the behavior and effectiveness of collusive cartel pricing.

Moreover, because normal and effective competition never really existed prior to 1998, the normative foundation of the antitrust exemption was …